Digital Commons Network^™

War And Law In Ukraine: Wheels Of Justice Still Rotate, Dmitriy Kamensky

The International Lawyer

No abstract provided.

Legal Fundamentals And Key Issues For Establishing International Ocean Carbon Sink Organization, Qilong Liao

World Maritime University Dissertations

No abstract provided.

National Security Law, Geoffrey M. Goodale, Lucille Hague, Matthew O'Hare, Jonathan M. Meyer, Mario Mancuso, Guy C. Quinlan, Sergio L. Suarez, Loren Voss

The Year in Review

No abstract provided.

Export Controls And Economic Sanctions, Beau Barnes, John Boscariol, Randy Cook, Abigail Cotterill, Gwendolyn Jaramillo, Barbara Linney, Sarah Oliai, Timothy O'Toole, Christopher Stagg, Lawrence Ward

The Year in Review

No abstract provided.

International Law As A Vehicle For Peace: Feminist Engagements., Hilary Charlesworth, Christine M. Chinkin, Shelley Wright

Book Chapters

This is an edited transcript of three conversations on Zoom which took place on 3 February, 24 March and 23 April 2021. Hilary spoke from Melbourne and the NSW South Coast in Australia, Christine was based in Southampton in the UK and Shelley was in Lund, British Columbia in Canada – all of us in various phases of COVID lockdown.

The first conversation focused on how our journey started, including the ‘Feminist approaches’ article and the impact it had, or has not had, on international law. The second conversation focused more on our subsequent work, and the different approaches we …

International Law Considerations For 21st Century Engagements At Sea, Vice Admiral Darse E. “Del” Crandall Jr.

International Law Studies

Keynote address by the Judge Advocate General of the U.S. Navy at the Alexander C. Cushing International Law Conference at the U.S. Naval War College, Newport, Rhode Island, May 16, 2022.

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

Paving A New (Hua)Wei: A Comparative Analysis Of International Approaches To Securing Information And Communication Technology Supply Chains, Jordan Villegas

Catholic University Law Review

Recent amendments to Chinese Intelligence Laws codify affirmative obligations upon domestic companies and citizens alike, namely, that they must assist and support the Chinese Communist Party (CCP) in its intelligence gathering efforts. Coupling these laws with the international prevalence of Huawei, a Chinese telecommunications company comprising two-thirds of 5G equipment outside China, CCP compromised 5G equipment is an unassailable reality. This article explores five intelligence allied nations and how each has respectively addressed the risk posed by Huawei. It argues each nation’s policies are deducible to three primary approaches, categorically including: (1) promulgation of law explicitly excluding Huawei 5G equipment; …

The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou

Theses and Dissertations

The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …

Double Classification Of Non-Consensual State Interventions: Magic Protection Or Pandora’S Box?, Pauline Lesaffre

International Law Studies

The classification under international humanitarian law of certain cross-border armed conflicts against an organized armed group remains controversial. More specifically, cross-border armed conflicts resulting from a non-consensual State intervention, such as the United States’ intervention in Syria (without Syrian consent) against the Islamic State, still divide legal scholarship regarding their appropriate classification. One theory argues for a single classification of non-international armed conflict between the intervening State and the organized armed group; another theory relies on a double classification of non-consensual State interventions, adding to the non-international armed conflict an international armed conflict between the intervening State and the territorial …

Criminal Liability For The Destruction Of Cultural Property: The Prosecutor V. Bosco Ntaganda, Emma A. O'Connell

DePaul Journal for Social Justice

No abstract provided.

United Nations And International Organizations, Renee Dopplick, Richard L. Field, Joseph Bongiorno, Pooja Mehta, Roncevert D. Almond, Melodic Arian, Dana R. Bucy Miller, Charlotte Rickets

The Year in Review

No abstract provided.

National Security Law, Beau D. Barnes, Geoffrey M. Goodale, Todd E. Mcdowell, Jonathan M. Meyer, John Mohyi, Joseph D. Prestia, Guy C. Quinlan, Christopher Stagg, Christopher Vallandingham

The Year in Review

No abstract provided.

The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime, Pardis Gheibi

Georgia Journal of International & Comparative Law

No abstract provided.

Offensive Cyber Operations And Future Littoral Operating Concepts, Jd Work

Military Cyber Affairs

Introduction of new ground-launch cruise missile options to hold adversary naval targets at risk in order to support conventional deterrence objectives through sea control and sea denial missions is the centerpiece of proposed reorganization of Marine Littoral forces, as part of new “Expeditionary Advanced Base Operations,” and “Littoral Operations in Contested Environments” concepts. Effective distributed sea control fires against pacing threat maritime formations requires defeat of integrated air defense systems. Offensive cyber operations capabilities may be considered as a means of altering the calculus of attrition in missile fires exchanges, but due to various sensitivities it has been difficult to …

Criminalizing Starvation In An Age Of Mass Deprivation In War: Intent, Method, Form, And Consequence, Tom Dannenbaum

Vanderbilt Journal of Transnational Law

Mass starvation in war is resurgent. Across a range of conflicts, belligerents have attacked farmers and humanitarian workers; destroyed, looted, or rendered unusable food and food sources; and cut off besieged populations from the external supply of essential goods. Millions have been left in famine or on the brink thereof. Increasingly, this has elicited calls for accountability. However, traditional criminal categories are not promising in this respect. The situation and nature of objects indispensable to survival is such that they typically provide sustenance to both civilians and combatants; the conduct that deprives people of those objects often involves acting on …

Enter The Battleverse: China's Metaverse War, Josh Baughman

Military Cyber Affairs

No abstract provided.

A Regulatory Back Door: General Prohibition Ten And America’S National Security, Ramachandran, Vilas

Santa Clara Journal of International Law

American leadership in innovation requires, among other things, an export control regime that adapts to the realities of trade in the twenty-first century. The United States understands that the importance of American leadership in innovation reaches far beyond a theoretical debate about American hegemony; it has implications for the national security of the United States. However, Section 736.2(b)(10) of the Export Administration Regulations, known as General Prohibition Ten, creates vulnerabilities that jeopardize the national security of the United States while also adding unnecessary costs to American exporters. General Prohibition Ten makes it impossible for an American exporter to take control …

Jus Gentium, Natural Law, And Grotius’ Treatise: The Impact Of International Law’S Classical Heritage On Today’S Enforcement Dilemma, Faith Chudkowski

Helm's School of Government Conference - 2021-2024

No abstract provided.

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Helm's School of Government Conference - 2021-2024

No abstract provided.

On Protecting Internally Displaced Persons In Non-International Armed Conflicts, Specifically Regarding The Civilian Population Of The Rohingya People Of Burma, Elizabeth Tonkin

Helm's School of Government Conference - 2021-2024

No abstract provided.

Foundational Failings: A Case Study On Us Interventions Overseas, Martin Hopman

Senior Honors Theses

This thesis will seek to demonstrate how the U.S.'s attempt to export democracy by leading the NATO air campaign to overthrow Muamar el Gadafi in 2011 undermined U.S. foreign policy goals producing regional instability and power vacuums. This work will attempt to summarize the historical fragility of democracies, the cultural basis needed to establish a strong democratic system, the tradition of autocratic government in the Middle East, and how all three of these factors were largely ignored in overall U.S. planning and strategy in its intervention in the Libyan Civil War. Finally, an alternative foreign policy criterion for assessing U.S. …

The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger

Senior Honors Theses

The Diaoyu Islands are a small, uninhabited archipelago in the East China Sea which has begun increasing in strategic significance due to its advantageous location near Taiwan and along the First Island Chain. The islands are currently under Japanese administration, but the People’s Republic of China considers them historically Chinese and contests Japan’s claim to the islands. A careful examination of China’s actions in challenging Japan’s rule over the Diaoyus reveals the influence of the Thirty-Six Stratagems, a tome of ancient Chinese military wisdom which provides a framework onto which China’s current strategy corresponds. This thesis examines the historical …

Business, Human Rights, And Transitional Justice: Overcoming The Regulatory Dysfunction Of International Law, Jelena Aparac

Global Business Law Review

It is said that traditional international public law is state-centric and concerns mostly State obligations and responsibility. For this, it excluded corporate actors from any accountability mechanism, even when the corporations contribute to armed conflicts and international crimes. International law does not provide a clear definition of what amounts to “subjects” under this set of rules or criteria for how to determine legal personality. At the same time, some branches of international public law directly regulate corporate actions, namely international economic law and international humanitarian law. Conversely, international courts and tribunals have accepted the corporate jus standi, in some …

Acceptance Of Modern International Law In Japan, Motoyasu Nozawa

Japanese Society and Culture

From the end of the Edo period to the beginning of the Meiji period, there was almost no knowledge of international law in the government. I have examined, under these circumstances, how Japan accepted and applied modern international law through several events and national practices. I also discussed how international jurists were born, what role they played in the development of international law, and what influence they had on the subsequent development of modern international law in Japan.

Fault Lines In The Application Of International Humanitarian Law To Cyberwarfare, Humna Sohail

Journal of Digital Forensics, Security and Law

The dynamics of warfare have changed from the conventional wars fought on the battlefield to virtual warfare as states have been involved in the cyber arms race. From simple distributed denial-of-service (DDoS) attacks to the potent Stuxnet and Flame the cyber weapons vary in their potential human cost. The Law of Armed Conflict (LOAC) is drafted flexibly to adapt to changing circumstances. This paper is primarily based upon the assumption that existing treaty law is sufficient in many aspects yet in some areas treaty-making is also needed. What is the foreseeable solution is the comprehensive state practice for interpreting the …

The Prohibition On Intervention Under International Law And Cyber Operations, Ori Pomson

International Law Studies

Given that cyber technologies have made way for attempts to influence the affairs of other States in novel and unique ways, scholars have turned to the international legal rule which is prima facie most relevant in addressing such meddling; namely, the prohibition on intervention. Moreover, there appears to be quite a wide-ranging consensus in scholarship that the prohibition on intervention applies to a broad range of cyber operations. In contrast to such scholarship, this article argues that, under the lex lata, the prohibition on intervention only applies to acts amounting to a use of force or constituting support for …

Sovereignty 2.0, Anupam Chander, Haochen Sun

Vanderbilt Journal of Transnational Law

Digital sovereignty-the exercise of control over the internet-is the ambition of the world's leaders, from Australia to Zimbabwe, seen as a bulwark against both foreign states and foreign corporations. Governments have resoundingly answered first-generation internet law questions of who, if anyone, should regulate the internet. The answer: they all will. Governments now confront second-generation questions--not whether, but how to regulate the internet. This Article argues that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy's dreaded antagonist. As international law scholar Louis Henkin taught, sovereignty can insulate a government's worst ills from foreign intrusion. Assertions of digital …

Ensuring The Right Of The Child In The Boko Haram Insurgency: The Province Of Unicef’S Complementary Mandate Under International Law, Olusola Babatunde Adegbite

Indonesian Journal of International Law

The need to manage conflict-related humanitarian conditions is the basis of intervention by international humanitarian organizations. Chief amongst these agencies is the United Nations International Children’s Emergency Fund (UNICEF), whose work is primarily about protecting children in armed conflicts. This agency has maintained a robust response to the humanitarian crisis in the Boko Haram insurgency, though its effort has not been without controversies. In 2018, it was suspended by the Nigerian Military on the allegation that it was working for the enemy side, an action which attracted widespread condemnation, as it was seen as an attempt by the government to …

Drawing The Cyber Baseline: The Applicability Of Existing International Law To The Governance Of Information And Communication Technologies, Dapo Akande, Antonio Coco, Talita De Souza Dias

International Law Studies

"Cyberspace" is often treated as a new domain of State activity in international legal discourse. This has led to the assumption that for international law to apply to cyber operations carried out by States or non-State actors, "cyber-specific" State practice and opinio juris must be demonstrated. This article challenges that assumption on five different bases. First, it argues that rules of general international law are generally applicable to all domains, areas, or types of State activity. In their interpretation and application to purported new domains, limitations to their scope of application cannot be presumed. Second, this article demonstrates that the …